Terms & Conditions

TERMS AND CONDITIONS

1. MISCELLANEOUS

1.1 The website www.amberchloe.com (“Website”) is operated and administered by amber chloe. 1.2 Access to, browsing and use of the Website by any visitors (“User”) is provided on and subject to the Terms and Conditions (“Terms”) contained herein and the User’s access to, browsing and continual use of the Website is deemed acceptance of the Terms. 1.3 In the event the User does not consent to the Terms then the User must immediately exit the Website. 1.4 amber chloe shall have the right, at any time and in its absolute discretion, to change, modify, vary or delete the Terms or any part thereof and such changes, modifications, variations or deletions shall be effective immediately upon notice thereof, which notice may be given by means including, but not limited to, posting on the Website. Use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of the same. 1.5 The Website and the Terms shall be governed by and construed in accordance with the laws of Australia and the User and the Company irrevocably submits to the non-exclusive jurisdiction of the Courts of Australia. 1.6 If a clause of the Terms is rendered void or unenforceable against either the User or the amber chloe by any Court of competent jurisdiction, then that clause is deemed severed from the Terms and the User and amber chloe acknowledge and agree that they will remain bound by these Terms, so severed.

2. GENERAL DISCLAIMERS

2.1 The User acknowledges that: (a) use of the Website is at the User’s own risk; (b) amber chloe makes no representations nor provides any warranties, whether express or implied, about or in relation to the Website including, but not limited to: i. the suitability of the Website, material or content for the User; ii. the completeness, accuracy or truthfulness of the material and content on the Website; iii. how any information provided by the User is collected, held, stored or distributed by amber chloe or any third (3rd) party; (c) links provided on the Website are provided for the convenience of the User only and unless otherwise stated, amber chloe: i. does not endorse linked websites and their products and services; ii. makes no representations nor provides any warranties in relation to the linked websites; (d) the material and content contained on the Website is provided for general use and information purposes only and should not be relied upon as a substitute for professional advice. 2.2 The User warrants to amber chloe that it: (a) has the authority and capacity to be bound by the terms; (b) will not use the Website for illegal, illicit, profane, harassing or unlawful purposes; (c) will not do anything which will restrict the enjoyment of third (3rd) party users of the Website; (d) will not infringe upon or breach amber chloe or any third (3rd) party’s intellectual property rights; (e) will not attempt to access, change or modify the Website’s systems or codes.

3. LIMITATION OF LIABILITY

3.1 The User indemnifies and releases amber chloe from and against all actions, suits, claims, demands, liabilities, costs, damage, loss and expenses (including, but not limited to, legal fees on an indemnity basis) whether direct, indirect, special or consequential arising out of or in relation to the Website and these Terms including, but not limited to: (a) the User’s use of the Website; (b) the material and content on the Website including, but not limited to, illegal or illicit material and content; (c) the use of the Website by other users; (d) linked websites on the Website; (e) the User’s breach of a warranty contained in clause 2.2 of these Terms; (f) the accuracy, reliability, usefulness, merchantability, truthfulness or fitness for any particular purpose of the content and material contained on the Website; (g) an error, omission or deletion of any material or content contained on the Website; (h) an error, interruption, defect, delay in operation or transmission of the Website; (i) a computer virus, harmful component, loss of data, unlawful third (3rd) party conduct, theft, destruction, alternation or unauthorized access to records; (j) the User breaching any other clause contained in these Terms; (k) the use, misuse, storage, dissemination of any material or content collected by amber chloe or any other user of the Website.

4. COPYRIGHT AND TRADE MARK NOTICES

4.1 Unless otherwise indicated, all rights (including copyright) in the Website which includes, but is not limited to, the material, content (including, but not limited to the text, images, video images, audio clips, flash animation, illustrations, logos, button icons), compilation of the web pages and software, are owned, controlled and reserved by amber chloe. 4.2 The Website contains material and content (“Intellectual Property”) which are registered Trade Marks of amber chloe and its affiliates and third (3rd) party providers and which are protected under the intellectual property laws in the various jurisdictions around the world and under international treaties. 4.3 The Intellectual Property may not be used, modified, published, copied, transferred, transmitted or otherwise dealt with by the User without amber chloe’s prior, specific, written consent. 4.4 If the User downloads material or content from the Website, then the content and material are licensed by amber chloe to the User and such licence may be revoked by amber chloe, at any time and in amber chloe’s absolute discretion. 4.4 Upon uploading or posting material or content on the Website, the User irrevocably authorizes and grants to the Company the right to use that material and content.

5. PRIVACY POLICY

5.1 amber chloe is committed to protecting the privacy and security of the User’s personal information and this Privacy Policy applies to the use of the Website by the User. 5.2 When dealing with the User’s personal information, amber chloe acknowledges that: (a) it will collect the User’s personal information in a fair and lawful manner; (b) it will securely hold the User’s personal information to safeguard against unauthorized access; (c) subject to clause 5.2(d), it will ensure that the User’s personal information is held only for the purposes for which it was collected (unless provided for by law); (d) it will not disclose the User’s personal information to any third (3rd) party except where the disclosure is i. required by law; ii. authorized by the User; iii. for the purpose outlined in clause 5.3; iv. to protect and defend amber chloe’s rights, property and Intellectual Property; v. to any affiliate, agent or subsidiary of amber chloe; or vi. otherwise necessary in relation to the User’s use of the Website. The User consents to the disclosures outlined herein. 5.3 amber chloe will endeavour to ensure that any personal information of the User disclosed to any third (3rd) party is disclosed to the third (3rd) party on the basis that they will agree to handle the User’s personal information in the same manner as amber chloe pursuant to this Privacy Policy. Notwithstanding this, the User acknowledges and agrees to indemnify and release amber chloe in relation to any claim arising out of or in relation to amber chloe’s failure to comply with this clause. 5.5 The User may contact amber chloe where it believes that the User’s personal information has been recorded incorrectly. 5.6 The User may gain access to the User’s personal information held by amber chloe or request that any personal information collected by amber chloe be deleted by providing amber chloe with reasonable written notice.